Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-05-05
ooop EoR oRovER.


and Departmental Red Tape
WASHINGTON, April 2S-President-
Cleveland has sent letter to the Score
tary OF the Interior respecting the contro-
versy between Guilford Miller and the
Northern Pacific Railroad about the
ownership of some land lying within theo
indemnity limits of that road, which will
be read with interest on account OF the
conclusions reached and the suggestions
thrown out by the President for an equit
able settlement Of the case. The matter
came before the President upon the petit
ton of Miller and others 1t has been
pending before the Interior Department
for several years, and when finally ad--
justed will probably establish precedent
for the settlement of many similar cases.
The President after looking through the
case sent the following letter to the Sec
rotary OF the Interior:
EXECUTIVE MANSION.
WAsHISGroN, April 25.
DEAR SIR: have examined with much care
and interest the questions involved in tho con-
fiicting claims of Guilford Miller and the
Northern Pacific Railroad Company to
Territory. The legal aspect OF the
case has been examined and passed upon by
several officers of the Government. who do not
agree in their conclusions. Miller claims to be
a settler upon the land in question, whose pos
session dates from 1873. He alleges that he
has made substantial improvements upon this
land and cultivated the same, and IL appears
that he filed his claim to the same under the
homestead law on the 29th day of December,
1884. The railroad company contends that this
land is within the territory or area from which
it was entitled to select such a quantity OF
public lana as might be necessary 10 supply
any deficiency that should be found TO exist in
the specific land mentioned in a grant by the
Government to said company in aid OF the cone
struction OF its road, such deficiency being con-
templated as likely to arise from the paramount
right of private parties and settlers within the
territory embracing said granted lands, and
that the land in dispute was thus selected by
the company on the 10Th day OF December
1888.
large tract including this land was with
drawn by order OF the Interior Department
from sale and from presumption and home
stead entry in 1872 in anticipation OF the con-
struction OF said railroad and deficiency IN
its granted lands. In $780, upon the filing OF a
map OF definite location of the road, the land in
controversy, and much more which had been so
withdrawn, was found to lie outside the limits
which included the granted fand but its with
drawal and reservation from settlement and
entry under our land laws was continued upon
the theory that IL was within the limits q in
demnity lands which might be selected by the
company provided in the law making the
grant.
The legal points in this controversy turned
upon the validity and effect of the withdrawal
and reservation of this land and the continu-
ance thereof. The Acknowledgement is OF the
were at all times eflectual, and that they oper-
ated to prevent Miller from acquiring any in
terest in or right TO the land claimed by him.
With this Interpretation of tho law and the for
mer orders and action of the Interior Depart-o
ment il will be that their effect has been
the withdrawal and reservation since 1872 of
thousands, If not millions, of acres of these
lands from the operation of the land laws OF the
United States, thus placing them beyond the
reach OF our citizens desiring under such lawsS
TO settle and make homes upon the same, and
that this has been done for the benefit of rail-
road company having no fixed. certain. or def
mite interests in such lands In this MANNER
the benefcent policy and intention of the Gov
eminent in relation to the public domain have
for all these years to that extent been thwarted.
There seems TO be evidence presented
showing how much. If any, of this vast tract is
necessary for the fulfillment of the grant TO the
railroad company. nor does there appear TO DO
any limitation of the time within which this
fact should be made known, a0d the corpora
ton obliged TO make its selection. After
lapse of fifteen years this large body OF the
public domain is still held in reserve to the ex-
clusion of settlers for the convenience of cor
porate beneficiary Of the Government and
awaiting its selection, though il is entirely
tain that much of this reserved land can never
be honestly claimed by said corporation.
Such a condition of the public lands should
no longer continue. So far as il is the result Of
executive rules and methods these should be q
abandoned. and so far as IL is a consequence OF
improvident laws, these should be repealed or
amended.
ourpublic domain is our National wealth.
the earnest OF our growth and heritage OF our
people. 1t should promise limitless develop
ment and riches. relief to a crowding popula-
tion. and homes to thrift and industry. These
inestimable advantages should be jealousy
guarded and a careful and enlightened policy
on the part of the Government should secure
them to the people
In the case under consideration. assume
that there is abundance OF land within the area
for fra1a nnff in
which no citizen or settler has a legal or equit-
able interest. for all such purposes OF In
Identification OF this railroad company, II its =
grants has not already been satisfied. under
stand. too, that selections made by such cor
poration are not complete and effectual until
the same have been approved by the Secretary
of the Interior, or unless they are made in the
words of the statute under his direction. You
have thus far taken action in this matter,
and il seems me that you are in a condition
to deal with the subject in such a manner as TO
protect this settler from hardship and loss.
1 transmit herewith the papers and doc.i-
ments relating TO the case, which were sub
mitted 10 me at my request. l suggest that yeu
exercise the power and authority you have IA
the premises, upon equitable considerations,
with every presumption and intendment tn
favor OF the settler and in case you find this
CORPORATION is entitled TO select any more Of
these lands than ii has already acquired, that
you direct il 10 select, in lieu OF the land upon
W ich Mr. Miller has settled other land within
the limits of this indemnity reservation, upon
which neither he nor any other citizen has in
good faith settled or made improvements.
call your attention 10 sections 24J0 and 2451 o
OF the Revised Statues of the United States, as
pointing out a mode of procedure which may
perhaps be resorted to if necessary for the Q
purpose of reaching Just and equitable dispo-
sition OF the case. The suggestions herein con-
tanned can, believe, be adopted without disre-
garding or calling in question the opinion OF
the Acknowledgement upon the purely legal
PROPOSITIONS, which were submitted TO him.
Yours very truly,
GROVER CLEVELAND.
Plans for the Big Cruisers.
WAsuISGToN April 28.-The board ap-